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MONTGOMERY WARD & CO. v. HAMMER

No. 6007.

38 F.2d 636 (1930)

MONTGOMERY WARD & CO. v. HAMMER.

Circuit Court of Appeals, Ninth Circuit.

March 3, 1930.

Attorney(s) appearing for the Case

Wilbur, Beckett, Howell & Oppenheimer, of Portland, Or., for appellant.

Collier, Collier & Bernard, of Portland, Or., for appellee.

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.

DIETRICH, Circuit Judge.

Having suffered a personal injury while he was employed in appellant's place of business at Portland, Or., the plaintiff (appellee), a minor, brought this suit to recover damages. It is conceded by both parties that in the complaint are averments which, if true, would warrant a recovery under either the Oregon Employers' Liability Act (Or. L. §§ 6785-6791, as amended) or the common law; and, further, that to recover under the Liability...

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